Kenya: High Court rejected Meta's appeal to dismiss case on alleged incitement to violence and hate speech on the platform

On 3 April 2025, the High Court of Kenya ruled that a constitutional petition brought against Meta by two Ethiopian nationals and the Katiba Institute could proceed, dismissing Meta’s application to strike out the case on jurisdictional grounds. The petition, originally filed on 14 December 2022, alleges that Meta’s Facebook platform contributed to the dissemination of harmful and inflammatory content during the conflict in Ethiopia, citing the role of the platform’s algorithm and the adequacy of its content moderation operations based in Kenya. The Court held that the petition raises substantive legal issues, including the protection of human rights in the context of artificial intelligence, the responsibilities of social media platforms in moderating harmful content, and the potential accountability of global technology companies for cross-border impacts. Recognising the public interest involved, the Court directed that the matter be heard by a bench of at least three judges, pursuant to Articles 165(3)(b) and (d) of the Kenyan Constitution.